Tax Equity and Fiscal Responsibility Act of 1982

Summary

Miscellaneous Revenue Act of 1981 - Amends the Internal Revenue Code to provide that the limitations placed on income tax deductions for expenses in connection with the business or rental use of a home shall not apply to rentals to a family member or a person who has an interest in the dwelling unit pursuant to a shared equity financing agreement if such person pays a fair rental and uses such residence as his principal place of residence. Defines "shared equity financing agreement" for purposes of this Act. Permits reasonable litigation costs, including attorneys' fees, to be awarded to the prevailing party (other than the United States or a creditor of the prevailing party) in any civil proceeding in any court of the United States for the determination, collection, or refund of any tax, interest, or penalty imposed under the Internal Revenue Code if it is determined that the position of the United States was unreasonable. Requires such party to have exhausted the available administrative remedies within the Internal Revenue Service. Disallows costs of proceedings involving declaratory judgments, except those involving the revocation of an organization's status as a tax-exempt public charity. Includes as attorneys' fees any amounts paid to an individual who is not an attorney but who is authorized to practice before the Tax Court. Defines "prevailing party" as a party who substantially prevails with respect to the amount in controversy or the most significant issue or set of issues. Disqualifies costs of proceedings commenced after September 30, 1984. Increases from $500 to $5,000 the maximum penalty for instituting Tax Court proceedings for purposes of delay and imposes such penalty for the bringing of proceedings which are frivolous or groundless. Revises the test for whether proceedings are brought for purposes of delay. Exempts accrual basis taxpayers from the application of tax rules limiting the acceleration of accrual of taxes by a taxing jurisdiction if they so elect or if they were not liable for any tax prior to the effective period of acceleration. Sets forth rules for the accounting of accruals in the case of taxpayers who make such an election. Revises the formula used for purposes of the personal holding company tax to determine whether the sum of the deductions directly allocable to the conduct of a lending or finance business allows the exclusion of such a business from the definition of a personal holding company. Increases from 60 to 144 months the limitation on the maturity of commercial paper and loans dealt in or made by a lending or finance business. Excepts from the definition of "lending or finance business" the making of loans, notes, or installment obligations under open end credit agreements. Amends the Tax Reform Act of 1976 to defer until 1984 the effective date of special rules limiting net operating loss carryovers. Amends the Energy Tax Act of 1978, with respect to refunds resulting from the repeal of the manufacturers excise tax on buses, to extend to December 31, 1982, the period for reimbursement of tax to the ultimate purchaser and revise requirements regarding proof of reimbursement.

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Documents

6 official files

• Public Law (PDF)

  Public Law · EN · 4 September 1982

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• Conference report filed in Senate

  summary · EN · 18 August 1982

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• Reported to Senate with amendment(s)

  summary · EN · 12 July 1982

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• Passed House amended

  summary · EN · 15 December 1981

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• Reported to House with amendment(s)

  summary · EN · 14 December 1981

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• Introduced in House

  summary · EN · 13 November 1981

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